BALE SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against a judgment and order passed by the lind AddI. Sessions Judge, Banda, on 31.3.80 in Sessions Trial NO.6 of 1979, convicting all the five accused facing the trial for offences under Sections 302/ 149, 307/149 and 148 IPC. The accused persons were sentenced to life imprisonment for the conviction under Section 302/149 IPC, to four years R.I. for the offence under Sections 307/149 IPC and to R.L for two years for the offences under Section 148 IPC. The appeal was preferred by all the five. They were granted bail on the date of presentation of the appeal. During pendency of the appeal however, appellant Ganga Prasad and Satya Narain died.

(2.) The prosecution case was initiated when an FIR was lodged on 22.4.78 at 2.15 P.M. on a report by one Ram Autar Singh at P.S. Pailani, District Banda for an incident that had allegedly taken place at 7 a.m. on the same day. All the five persons who stood convicted by the trial Court were named in the F.I.R. It was stated in the report made to the police station that on the fateful day the applicant Ram Autar, his son Jagdish, and one Dibiya were proceeding from the village for Banda to arrange for bail of one Dwarika. At about 7 a.m., when they reached near the field of Durjan Gareria of village Aalona, by the side of a canal, the accused persons shouted at them saying that their enemies were within their clutches and they must not be spared. Bala Prasad alias Bala Singh allegedly held a single barrel gun, his brother Gaya Prasad had also a single barrel gun with him, accused Moti Lalhad a double barrel gun and his brother Chhotey Singh was holding a single barrel guo. They were all of the village of the complainant. There was yet another accused Satya Narain Singh hailing from village Tihar, P.S. Bithar, district Hamirpur, who was a brother-in- law of Bale Singh and who had been, for three/to four years, living in the village of the complainant. This Satya Narain allegedly held a pharsa. It was stated in the FIR further that after the exhortation as above, they ran towards the path-way by the side of the canal (Patri-Par Aakar) and Bale Singh and Moti Lal opened fire on Jagdish, the son of the complainant. Jagdish fell down at that spot itself. Chhotey and Gaya Prasad opened fire on the complainant and Debiya, but they were not hurt. These two persons and Satya Narain chased them. The FIR further indicates that two other persons, Ram Singh and Ram Senehi of village Aalona and another man Shiv Pujan of village Samtihar, were also coming the same way and were about 30 to 35 steps, behind the complainant and his associates. They rushed to the spot and shouted at the accused persons not to fire. The accused then fled towards the jungle. As a motive, it was indicated that Bale Singh and Gaya Singh were in inimical terms with the family of the complainant and about five months prior to the incident they lodged a false report at the police station against Chhotey Lal, the younger son of the complainant, and due to this enmity they killed Jagdish and had attempted to kill the complainant and Debiya as well. Jagdish suffered injuries on his abodoment and face and head, and he breathed his last at the spot. To explain the delay in lodging the FIR, it was stated that the accused persons had blocked the road for the police station and with much difficulty the complainant came to the police station leaving the dead-body under the care of Jagdeo Singh and Pebiya and certain other villagers.

(3.) Investigation was taken up. The spot was visited, a site-plan was prepared on the statements of the eye-witnesses. The seizures of the wearing apparels on the dead-body, of blood-stained earth and standard earth were made from the place where the dead-body was found. A piece of sleeper and a muffler, said to be belonging to the deceased, were also seized at another point, a bit away from the dead-body. The dead-body was sent for post-mortem examination which was conducted by Dr. S.A. Zaman and, in addition to several gun-shot ante-mortem wounds, the doctor found a lecerated wound, two and half cm. x three-fourth cm, as well. The post-mortem examination was conducted at about 4.30 p.m. on 25.4.78 and the probable time of death was then 1 1h days from the time of post-mortem examination.